Colorado Code § 42-3-304

Registration fees - passenger-mile taxes - clean screen fund - pilot program - report - rules - definitions
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(1) (a) In addition to other fees specified in this section,
an applicant shall pay a motorist insurance identification fee in an amount determined by
paragraph (d) of subsection (18) of this section when applying for registration or renewal of
registration of a motor vehicle under this article.
(b) The following vehicles are exempt from the motorist insurance identification fee:
(I) Vehicles that are exempt from registration fees under this section or are owned by
persons who have qualified as self-insured pursuant to section 10-4-624, C.R.S.
(II) Repealed.
(c) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 8, effective May 1,
2009.)
(2) With respect to passenger-carrying motor vehicles, the weight used in computing
annual registration fees shall be that weight published by the manufacturer in approved manuals,
and, in case of a dispute over the weight of such vehicle, the actual weight determined by
weighing such vehicle on a certified scale, as provided in section 35-14-122 (6), C.R.S., shall be
conclusive. With respect to all other vehicles, the weight used in computing annual registration
fees shall be the empty weight, determined by weighing such vehicle on a certified scale or in
the case of registration fees imposed pursuant to section 42-3-306 (5), the declared gross vehicle
weight of the vehicle declared by the owner at the time of registration.
(3) No fee shall be payable for the annual registration of a vehicle when:
(a) The owner of such vehicle is a veteran who in an application for registration shows
that the owner has established such owner's rights to benefits under the provisions of Public Law
663, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended, or is a
veteran of the armed forces of the United States who incurred a disability and who is, at the date
of such application, receiving compensation from the veterans administration or any branch of
the armed forces of the United States for a fifty percent or more, service-connected, permanent
disability, or for loss of use of one or both feet or one or both hands, or for permanent
impairment or loss of vision in both eyes that constitutes virtual or actual blindness. The
exemption provided in this paragraph (a) shall apply to the original qualifying vehicle and to any
vehicle subsequently purchased and owned by the same veteran but shall not apply to more than
one vehicle at a time.
(b) The application for registration shows that the owner of such vehicle is a foreign
government or a consul or other official representative of a foreign government duly recognized
by the department of state of the United States government. License plates for the vehicles
qualifying for the exemption granted in this paragraph (b) shall be issued only by the department
and shall bear such inscription as may be required to indicate their status.
(c) The owner of such vehicle is the state or a political or governmental subdivision
thereof; but any such vehicle that is leased, either by the state or any political or governmental
subdivision thereof, shall be exempt from payment of an annual registration fee only if the
agreement under which it is leased has been first submitted to the department and approved, and
such vehicle shall remain exempt from payment of an annual registration fee only so long as it is
used and operated in strict conformity with such approved agreement.
(d) The owner of such vehicle is a former prisoner of war being issued special plates
pursuant to section 42-3-213 (3) or is the surviving spouse of a former prisoner of war retaining
the special plates that were issued to such former prisoner of war pursuant to section 42-3-213
(3).
(e) The owner of such vehicle is the recipient of a purple heart being issued special
plates pursuant to section 42-3-213 (2).
(f) The owner of such vehicle is a recipient of a medal of honor issued special plates
pursuant to section 42-3-213 (7).
(g) The owner of the vehicle is a recipient of a medal of valor and is issued special
license plates pursuant to section 42-3-213 (10).
(h) The owner of the vehicle survived the attack on Pearl Harbor and is issued special
license plates pursuant to section 42-3-213 (6).
(4) Upon registration, the owner of each motorcycle shall pay a surcharge of four
dollars, which shall be credited to the motorcycle operator safety training fund created in section
43-5-504, C.R.S.
(5) In lieu of registering each vehicle separately, a dealer in motorcycles or autocycles
shall pay to the department an annual registration fee of twenty-five dollars for the first license
plate issued pursuant to section 42-3-116 (1), a fee of seven dollars and fifty cents for each
additional license plate issued up to and including five plates, and a fee of ten dollars for each
license plate issued in excess of five.
(6) In lieu of registering each vehicle separately:
(a) A dealer in motor vehicles, trailers, and semitrailers, except dealers in motorcycles or
autocycles, shall pay to the department an annual fee of thirty dollars for the first license plate
issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each
additional license plate issued up to and including five, and a fee of ten dollars for each license
plate issued in excess of five; and
(b) A manufacturer of motor vehicles shall pay to the department an annual fee of thirty
dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven
dollars and fifty cents for each additional license plate so issued up to and including five, and a
fee of ten dollars for each additional license plate issued.
(7) (a) Every drive-away or tow-away transporter shall apply to the department for the
issuance of license plates that may be transferred from one vehicle or combination to another
vehicle or combination for delivery without further registration. The annual fee payable for the
issuance of such plates shall be thirty dollars for the first set and ten dollars for each additional
set. No transporter shall permit such license plates to be used upon a vehicle that is not in transit,
or upon a work or service vehicle, including a service vehicle utilized regularly to haul vehicles,
or by any other person.
(b) Each such transporter shall keep a written record of all vehicles transported,
including the description thereof and the names and addresses of the consignors and consignees,
and a copy of such record shall be carried in every driven vehicle; except that, when a number of
vehicles are being transported in convoy, such copy, listing all the vehicles in the convoy, may
be carried in only the lead vehicle in the convoy.
(c) This subsection (7) shall not apply to a nonresident engaged in interstate or foreign
commerce if such nonresident is in compliance with the in-transit laws of the state of his or her
residence and if such state grants reciprocal exemption to Colorado residents. The department
may enter into reciprocal agreements with any other state or states containing such reciprocal
exemptions or may issue written declarations as to the existence of any such reciprocal
agreements.
(8) (a) Subsections (5), (6)(a), and (7) of this section shall not apply to a motor vehicle,
trailer, or semitrailer operated by a dealer or transporter for such dealer's or transporter's private
use or to a motor vehicle bearing full-use dealer plates issued pursuant to section 42-3-116
(6)(d).
(b) Paragraph (b) of subsection (6) of this section shall only apply to a motor vehicle if
owned and operated by a manufacturer, a representative of a manufacturer, or a person so
authorized by the manufacturer. A motor vehicle bearing manufacturer plates shall be of a make
and model of the current or a future year and shall have been manufactured by or for the
manufacturer to which such plates were issued.
(9) In addition to the registration fees imposed by section 42-3-306 (4)(a), the following
additional registration fee shall be imposed on such vehicles:
(a) For farm trucks less than seven years old, twelve dollars;
(b) For farm trucks seven years old but less than ten years old, ten dollars;
(c) For farm trucks ten years old or older, seven dollars.
(10) (a) In addition to the registration fees imposed by section 42-3-306 (5)(a) and (13),
for motor vehicles described in section 42-3-306 (5)(a) and (13), the following additional
registration fee shall be imposed:
(I) For light trucks and recreational vehicles less than seven years old, twelve dollars;
(II) For light trucks and recreational vehicles seven years old but less than ten years old,
ten dollars;
(III) For light trucks and recreational vehicles ten years old or older, seven dollars.
(b) In addition to the registration fees imposed by section 42-3-306 (5)(b), (5)(c), or
(12)(b), an additional registration fee of ten dollars shall be assessed.
(c) The department shall adopt rules that allow a vehicle owner or a vehicle owner's
agent to apply for apportioned registration for a vehicle that is used in interstate commerce and
that qualifies for the registration fees provided in section 42-3-306 (5). In establishing the
amount of such apportioned registration, such rules shall take into account the length of time
such item may be operated in Colorado or the number of miles such item may be driven in
Colorado. The apportioned registration, if based upon the length of time such item may be
operated in Colorado, shall be valid for a period of between two and eleven months. Such rules
shall also allow for extensions of apportioned registration periods. During such rule-making, the
department shall confer with its authorized agents regarding enhanced communications with the
authorized agents and the coordination of enforcement efforts.
(11) The additional fees collected pursuant to section 42-3-306 (2)(b)(II) and subsection
(9) of this section and paragraphs (a) and (b) of subsection (10) of this section shall be
transmitted to the state treasurer, who shall credit the same to the highway users tax fund to be
allocated pursuant to section 43-4-205 (6)(b), C.R.S.
(12) An owner or operator that desires to make an occasional trip into this state with a
truck, truck tractor, trailer, or semitrailer that is registered in another state shall obtain a permit
from the public utilities commission as provided in article 10.1 of title 40, C.R.S. This
subsection (12) does not apply to the vehicles of a public utility that are temporarily in this state
to assist in the construction, installation, or restoration of utility facilities used in serving the
public.
(13) In addition to the annual registration fees prescribed in this section for vehicles with
a seating capacity of more than fourteen and operated for the transportation of passengers for
compensation, the owner or operator of every such vehicle operated over the public highways of
this state shall pay a passenger-mile tax equal to one mill for each passenger transported for a
distance of one mile. The tax shall be credited to the highway users tax fund created in section
43-4-201, C.R.S., as required by section 43-4-203 (1)(c), C.R.S., and allocated and expended as
specified in section 43-4-205 (5.5)(d), C.R.S. The tax assessed by this subsection (13) shall not
apply to passenger service rendered within the boundaries of a city, city and county, or
incorporated town by a company engaged in the mass transportation of persons by buses or
trolley coaches.
(14) (a) The owner or operator of special mobile machinery having an empty weight not
in excess of sixteen thousand pounds that the owner or operator desires to operate over the
public highways of this state shall register such vehicle under section 42-3-306 (5)(a).
(b) The owner or operator of special mobile machinery with an empty weight exceeding
sixteen thousand pounds that the owner or operator desires to operate over the public highways
of this state shall register the vehicle under section 42-3-306 (5)(b).
(15) The owner of special mobile machinery, except that mentioned in sections 42-1-102
(44) and 42-3-104 (3), that is not registered for operation on the highway shall pay a fee of one
dollar and fifty cents, which shall not be subject to any quarterly reduction.
(16) Nothing in this section shall be construed to prevent a farmer or rancher from
occasionally exchanging transportation with another farmer or rancher when the sole
consideration involved is the exchange of personal services and the use of vehicles.
(17) (a) (I) The owner shall present to the authorized agent a certified scale ticket
showing the weight of a truck if the truck:
(A) Is subject to the registration fee imposed in section 42-3-306 (5);
(B) Weighs more than four thousand five hundred pounds but not more than ten
thousand pounds; and
(C) Has been modified, including mounting equipment other than recreational
equipment, and the modifications change the truck's weight by three hundred pounds or more.
(II) The owner of a truck shall present to the authorized agent a manufacturer's
certificate of origin, a certificate of title, a certified scale ticket, or other approved document or
system, as any of these options is required or authorized by rule, if the truck:
(A) Is subject to the registration fee imposed in section 42-3-306 (5);
(B) Weighs more than four thousand five hundred pounds but not more than ten
thousand pounds; and
(C) Has not been modified to change the truck's weight by three hundred pounds or
more.
(b) The department shall furnish appropriate identification, by means of tags or
otherwise, to indicate that a vehicle registered under this section is not subject to clearance by a
port of entry weigh station.
(18) (a) In addition to any other fee imposed by this section, the owner shall pay, at the
time of registration, a fee of fifty cents on every item of Class A, B, or C personal property
required to be registered pursuant to this article. Such fee shall be transmitted to the state
treasurer, who shall credit the same to a special account within the highway users tax fund, to be
known as the AIR account, and such moneys shall be used, subject to appropriation by the
general assembly, to cover the direct costs of the motor vehicle emissions activities of the
department of public health and environment in the presently defined nonattainment area, and to
pay for the costs of the commission in performing its duties under section 25-7-106.3, C.R.S. In
the program areas within counties affected by this article, the authorized agent shall impose and
retain an additional fee of up to seventy cents on every such registration to cover reasonable
costs of administration of the emissions compliance aspect of vehicle registration. The
department of public health and environment may accept and expend grants, gifts, and moneys
from any source for the purpose of implementing its duties and functions under this section or
section 25-7-106.3, C.R.S.
(b) In addition to any other fee imposed by this section, at the time of registration of any
motor vehicle in the program area subject to inspection and not exempt from registration, the
owner shall pay a fee of one dollar and fifty cents. Such fee shall be transmitted to the state
treasurer, who shall credit the same to the AIR account within the highway users tax fund, and
such moneys shall be expended only to cover the costs of administration and enforcement of the
automobile inspection and readjustment program by the department of revenue and the
department of public health and environment, upon appropriation by the general assembly. For
such purposes, the revenues attributable to one dollar of such fee shall be available for
appropriation to the department of revenue, and the revenues attributable to the remaining fifty
cents of such fee shall be available for appropriation to the department of public health and
environment.
(c) There shall be established two separate subaccounts within the AIR account, one for
the revenues available for appropriation to the department of public health and environment
pursuant to paragraphs (a) and (b) of this subsection (18) and one for the revenues available for
appropriation to the department of revenue pursuant to paragraph (b) of this subsection (18) and
section 42-4-305. After the state treasurer transfers moneys in the department of revenue
subaccount to the department of revenue equal to the amount appropriated to the department of
revenue from the AIR account for the fiscal year, the state treasurer shall transfer from the
balance in the department of revenue subaccount to the department of public health and
environment subaccount any amount needed to cover appropriations made to the department of
public health and environment from the AIR account for that fiscal year for the administration
and enforcement of the automobile inspection and readjustment program. Transfers from the
department of revenue subaccount to the department of public health and environment
subaccount shall be made on a monthly basis after the transfers to the department of revenue
equal to the department of revenue's appropriation for that fiscal year have been made. The state
treasurer shall not transfer to the department of public health and environment an amount that
exceeds the amount of the appropriation made to the department of public health and
environment from the AIR account for the fiscal year. Any transfer made pursuant to this
paragraph (c) shall be subject to any limits imposed or appropriations made by the general
assembly for other purposes and any limitations imposed by section 18 of article X of the state
constitution.
(d) (I) (A) Repealed.
(B) In addition to any other fee imposed by this section, the owner, in order to register a
motor vehicle or low-power scooter, must pay a motorist insurance identification fee. The
department shall annually adjust the fee based upon appropriations made by the general
assembly for the operation of the motorist insurance identification database program. The
department shall transmit the fee to the state treasurer, who shall credit it to the Colorado
DRIVES vehicle services account created in section 42-1-211 (2). This subsection (18)(d)(I)(B)
takes effect July 1, 2019.
(II) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 8, effective May 1,
2009; (HB 09-1026), ch. 281, p. 1268, § 30, effective July 1, 2010.)
(19) (a) If the air quality control commission determines pursuant to section 42-4-306
(23)(b) to implement an expanded clean screen program in the enhanced emissions program
area, on and after the specific dates determined by the commission for each of the following
subparagraphs:
(I) In addition to any other fee imposed by this section, authorized agents, acting as
agents for the clean screen authority, shall collect at the time of registration an emissions
inspection fee in an amount determined by section 42-4-311 (6)(a) on every motor vehicle that
the department of revenue has determined from data provided by its contractor to have been
clean screened; except that the motorist need not pay the emissions inspection fee if the
authorized agent determines that a valid certification of emissions compliance has already been
issued for the vehicle being registered indicating that the vehicle passed the applicable emissions
test at an enhanced inspection center, inspection and readjustment station, motor vehicle dealer
test facility, or fleet inspection station.
(II) Authorized agents may retain three and one-third percent of the fee so collected to
cover the agent's expenses in the collection and remittance of the fee. County treasurers shall, no
later than ten days after the last business day of each month, remit the remainder of the fee to the
clean screen authority created in section 42-4-307.5. The clean screen authority shall transmit the
fee to the state treasurer, who shall deposit the remainder in the clean screen fund, which fund is
hereby created. The clean screen fund is a pass-through trust account to be held in trust solely for
the purposes and the beneficiaries specified in this subsection (19). Money in the clean screen
fund is not fiscal year spending of the state for purposes of section 20 of article X of the state
constitution and is a custodial fund that is not subject to appropriation by the general assembly.
Interest earned from the deposit and investment of money in the clean screen fund shall be
credited to the clean screen fund, and the clean screen authority may also expend interest earned
on the deposit and investment of the clean screen fund to pay for its costs associated with the
implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third
general assembly. The clean screen authority may also expend interest earned on the deposit and
investment of the clean screen fund to pay for its costs associated with the implementation of
House Bill 06-1302, enacted at the second regular session of the sixty-fifth general assembly.
(III) The clean screen authority shall transmit moneys from the clean screen fund
monthly to the contractor in accordance with the fees determined by section 42-4-311 (6)(a)
within one week after receipt by the authority from the department of revenue of a notification of
the number of registrations of clean-screened vehicles during the previous month.
(IV) Repealed.
(b) In specifying dates for the implementation of the clean screen program pursuant to
paragraph (a) of this subsection (19), the commission may specify different dates for the
enhanced and basic emissions program areas.
(c) This subsection (19) shall not apply to El Paso county if the commission has
excluded such county from the clean screen program pursuant to section 42-4-306 (23)(a).
(d) Any moneys remaining in the clean screen fund upon termination of the AIR
program shall revert to the AIR account established in paragraph (a) of subsection (18) of this
section.
(20) In addition to any other fee imposed by this section, there shall be collected, at the
time of registration, a fee of ten dollars on every light- and heavy-duty diesel-powered motor
vehicle in the program area registered pursuant to this article in Colorado. Such fee shall be
transmitted to the state treasurer, who shall credit the same to the AIR account in the highway
users tax fund, and such moneys shall be used, subject to appropriation by the general assembly,
to cover the costs of the diesel-powered motor vehicle emissions control activities of the
departments of public health and environment and revenue.
(21) In order to promote an effective emergency medical network and thus the
maintenance and supervision of the highways throughout the state, in addition to any other fees
imposed by this section, there shall be assessed an additional fee of two dollars at the time of
registration of any motor vehicle. Such fee shall be transmitted to the state treasurer, who shall
credit the same to the emergency medical services account created by section 25-3.5-603,
C.R.S., within the highway users tax fund.
(22) In addition to any other fees imposed by this section, the authorized agent may
collect and retain, and an applicant for registration shall pay at the time of registration, a
reasonable fee, as determined from time to time by the authorized agent, that approximates the
direct and indirect costs incurred, not to exceed five dollars, by the authorized agent in shipping
and handling those license plates that the applicant has, pursuant to section 42-3-105 (1)(a),
requested that the department mail to the owner.
(23) Repealed.
(24) In addition to any other fee imposed by this section, at the time of registration, the
owner shall pay a fee of one dollar on every item of Class A, B, or C personal property required
to be registered by this article. Notwithstanding section 43-4-203, the department shall transmit
the fee to the state treasurer, who shall credit it to the peace officers standards and training board
cash fund, created in section 24-31-303 (2)(b); except that authorized agents may retain five
percent of the fee collected to cover the agents' expenses in the collection and remittance of the
fee. All of the money in the fund that is collected under this subsection (24) shall be used by the
peace officers standards and training board for the purposes specified in section 24-31-310.
(25) (a) In addition to any other fee imposed by this section, for registration periods
beginning during state fiscal years prior to state fiscal year 2022-23, each authorized agent shall
annually collect a fee of fifty dollars at the time of registration on every electric motor vehicle.
For registration periods beginning during state fiscal year 2022-23 or during any subsequent
state fiscal year, each authorized agent shall continue to collect the fee, and the amount of the fee
for registration periods beginning during any given state fiscal year is the amount of the fee
collected for registration periods beginning during the prior state fiscal year, adjusted for
inflation; except that an adjustment shall be made only if the rate of inflation is positive and the
adjustment must be the lesser of the actual rate of inflation or five percent. The department of
revenue shall annually calculate the inflation-adjusted amount of the fee for registration periods
beginning during each state fiscal year and shall publish the amount no later than April 15 of the
calendar year in which the state fiscal year begins. The authorized agent shall transmit the fee to
the state treasurer, who shall credit thirty dollars, adjusted for inflation, of each fee to the
highway users tax fund created in section 43-4-201, and twenty dollars, adjusted for inflation, of
each fee to the electric vehicle grant fund created in section 24-38.5-103.
(a.5) (I) In addition to any other fee imposed by this section, including the fee imposed
by subsection (25)(a) of this section, for registration periods beginning during state fiscal year
2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect
an electric motor vehicle road usage equalization fee at the time of registration on every battery
electric motor vehicle as specified in subsections (25)(a.5)(II) and (25)(a.5)(III) of this section
and on every plug-in hybrid electric motor vehicle as specified in subsections (25)(a.5)(IV) and
(25)(a.5)(V) of this section. The authorized agent shall transmit the fee to the state treasurer, who
shall credit it to the highway users tax fund for allocation and expenditure as specified in section
43-4-205 (6.8).
(II) For registration periods beginning during state fiscal years 2022-23 through 2031-
32, the amount of the electric motor vehicle road usage equalization fee for a battery electric
motor vehicle is as follows:
Fiscal Year Fee
2022-23 $4
2023-24 $8
2024-25 $12
2025-26 $16
2026-27 $26
2027-28 $36
2028-29 $51
2029-30 $66
2030-31 $81
2031-32 $96
(III) For registration periods beginning during state fiscal year 2032-33 or during any
subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee
for a battery electric motor vehicle is the amount of the fee for registration periods beginning
during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made
only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of
inflation or five percent. The department of revenue shall annually calculate the inflation
adjusted amount of the electric motor vehicle road usage equalization fee for a battery electric
motor vehicle for registration periods beginning during each state fiscal year and shall notify
authorized agents of the amount no later than the May 1 of the calendar year in which the state
fiscal year begins.
(IV) For registration periods beginning during state fiscal years 2022-23 through 2031-
32, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid
electric motor vehicle is:
Fiscal Year Fee
2022-23 $3
2023-24 $5
2024-25 $8
2025-26 $11
2026-27 $13
2027-28 $16
2028-29 $19
2029-30 $21
2030-31 $24
2031-32 $27
(V) For registration periods beginning during state fiscal year 2032-33 or during any
subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee
for a plug-in hybrid electric motor vehicle is the amount of the fee for registration periods
commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment
shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the
actual rate of inflation or five percent. The department of revenue shall calculate the inflation
adjusted amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid
electric motor vehicle for registration periods beginning during each state fiscal year and shall
notify authorized agents of the amount no later than the May 1 of the calendar year in which the
state fiscal year begins.
(a.6) Because the electric motor vehicle fee imposed pursuant to subsection (25)(a) of
this section and the electric motor vehicle road usage equalization fee imposed pursuant to
subsection (25)(a.5) of this section are intended to equalize the average aggregate amount of
registration fees and motor fuel charges annually paid by owners of electric motor vehicles and
owners of motor vehicles powered exclusively by internal combustion engines, and because
motor fuel charges are paid throughout the year rather than at the time of annual motor vehicle
registration, the department shall implement a pilot program to allow fees imposed pursuant to
this subsection (25) to be paid on an automated prorated quarterly basis. After evaluating the
success of the pilot program after the second year of implementation, the department shall make
the pilot program permanent unless there is compelling evidence that the pilot program has not
been successful. The department may promulgate rules to implement this subsection (25)(a.6).
(a.7) (I) In lieu of any other fee imposed by this subsection (25), for registration periods
beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each
authorized agent shall annually collect a commercial electric motor vehicle road usage
equalization fee in the amount specified in subsection (25)(a.7)(II) or (25)(a.7)(III) of this
section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it as
specified in subsection (25)(a.7)(IV) of this section.
(II) For registration periods beginning during state fiscal year 2022-23, the amount of the
commercial electric motor vehicle road usage equalization fee is:
(A) Fifty dollars for a commercial electric motor vehicle that weighs more than ten
thousand pounds but not more than sixteen thousand pounds;
(B) One hundred dollars for a commercial electric motor vehicle that weighs more than
sixteen thousand pounds but not more that twenty-six thousand pounds; and
(C) One hundred fifty dollars for a commercial electric motor vehicle that weighs more
than twenty-six thousand pounds.
(III) For registration periods beginning during state fiscal year 2023-24 or during any
subsequent state fiscal year, the amount of the commercial electric motor vehicle road usage
equalization fee is the amount of the fee for registration periods commencing during the prior
state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of
inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five
percent. The department of revenue shall calculate the inflation adjusted amount of the
commercial electric motor vehicle road usage equalization fee for a commercial electric motor
vehicle for registration periods beginning during each state fiscal year and shall notify authorized
agents of the amount no later than the May 1 of the calendar year in which the state fiscal year
begins.
(IV) The state treasurer shall credit fee revenue collected pursuant to this subsection
(25)(a.7) as follows:
(A) Seventy percent to the highway users tax fund for allocation and expenditure as
specified in section 43-4-205 (6.8); and
(B) Thirty percent to the state highway fund created in section 43-1-219 for the purpose
of funding freight-related projects that ease effective, efficient, and safe freight transport.
(a.8) During the 2026 legislative interim, the Colorado energy office, the department of
transportation, and the department of public health and environment, after consulting with the
community access enterprise created in section 24-38.5-303 (1), the clean fleet enterprise created
in section 25-7.5-103 (1)(a), the clean transit enterprise created in section 43-4-1203 (1)(a), and
the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a),
shall jointly complete a written report and present the report at a hearing of the transportation
legislation review committee created in section 43-2-145 (1)(a). The report shall detail progress
on all projects completed or undertaken using funding provided pursuant to Senate Bill 21-260,
enacted in 2021, identify other projects expected to be completed in the next five years,
specifically document the use of general fund money provided pursuant to Senate Bill 21-260,
enacted in 2021, and make recommendations as to whether additional general fund money
should be provided for similar uses in light of current economic conditions, inflation, and other
project completion cost factors, and available state revenue. The report shall also include the
joint recommendations of the office and the departments as to whether, beginning in state fiscal
year 2027-28 or a later state fiscal year, the amount of any or all of the fees imposed by this
subsection (25) should be adjusted or, due to increased use of such motor vehicles, fees should
also be imposed on hydrogen fuel cell motor vehicles that are powered by electricity produced
from a fuel cell that uses hydrogen gas as fuel to ensure that the goal of equalizing the average
aggregate amount of registration fees and motor fuel charges annually paid by owners of electric
motor vehicles and owners of motor vehicles powered exclusively by internal combustion
engines continues to be realized. When developing their recommendations regarding the fees,
the office and the departments shall take into account, at a minimum, the most recent available
reliable data on current average fuel efficiency and current fuel efficiency for the most fuel-
efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if
Colorado data is not available, the United States light-duty and commercial motor vehicle fleets,
and the most recent available reliable projections of future average fuel efficiency and future fuel
efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial
motor vehicle fleets or, if Colorado data is not available, for the United States light-duty and
commercial motor vehicle fleets. To the extent feasible based on the data available, analysis of
commercial motor vehicle fleet data shall account separately for different categories or weight
classes of commercial motor vehicles.
(a.9) As used in this subsection (25), unless the context otherwise requires:
(I) "Battery electric motor vehicle" means a motor vehicle that is powered exclusively by
a rechargeable battery pack that can be recharged by being plugged into an external source of
electricity and that has no secondary source of propulsion.
(II) "Commercial electric motor vehicle" means an electric motor vehicle that is a
commercial vehicle.
(III) "Electric motor vehicle" means a battery electric motor vehicle and a plug-in hybrid
electric motor vehicle.
(IV) "Inflation" means the average annual percentage change in the United States
department of transportation, federal highway administration, national highway construction cost
index or its applicable predecessor or successor index for the five-year period ending on the last
December 31 before a state fiscal year for which an annual inflation adjustment to the amount of
any fee imposed pursuant to this subsection (25) is to be made begins.
(V) "Plug-in hybrid electric motor vehicle" means a motor vehicle that is powered by
both a rechargeable battery pack that can be recharged by being plugged into an external source
of electricity and a secondary source of propulsion such as an internal combustion engine.
(b) The department of revenue shall create an electric vehicle decal, which an authorized
agent shall give to each person that pays the fees charged under subsections (25)(a), (25)(a.5),
and (25)(a.7) of this section and that is not issued an electric vehicle license plate under section
42-3-259 for the electric motor vehicle. The decal must be attached to the upper right-hand
corner of the front windshield on the motor vehicle for which it was issued. If there is a change
of vehicle ownership, the decal is transferable to the new owner.
(c) Repealed.

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